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In Re the Accounting of Lowe

99 N.E. 722, 206 N.Y. 671, 1912 N.Y. LEXIS 1072
CourtNew York Court of Appeals
DecidedOctober 8, 1912
StatusPublished
Cited by17 cases

This text of 99 N.E. 722 (In Re the Accounting of Lowe) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re the Accounting of Lowe, 99 N.E. 722, 206 N.Y. 671, 1912 N.Y. LEXIS 1072 (N.Y. 1912).

Opinion

Per Curiam.

We concur in the opinion of Spring, J., below, holding that the second provision of the will of Sarah J. Clement, deceased, in which she gave, devised and bequeathed to her daughter, Helen Springer, her printing office and bindery, together with all presses, bindery machinery, type, paper on hand, office furniture and equipment of every nature connected with said business, was intended to include the printing business carried on by the decedent in her lifetime, and that it comprises the bills receivable and money deposited in bank to the credit of the business. But we think that, in giving to her daughter the business she intended that she should assume and pay the accounts payable amounting to the sum of $7,450.63.

The order of the Appellate Division, therefore, should be modified so as to charge the daughter with the amount of such bills, and the decree as so modified should be affirmed, without costs in this court to either party.

Cullen, Ch. J., Haight,' Vann, Willard Bartlett, Hiscocic and Collin, JJ., concur; Chase, J., dissents on opinion of McLennan, P. J., below.

Ordered accordingly.

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Bluebook (online)
99 N.E. 722, 206 N.Y. 671, 1912 N.Y. LEXIS 1072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-accounting-of-lowe-ny-1912.